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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
MEMORANDUM DECISION
Presiding Judge Kent E. Cattani delivered the decision of the Court, in
which Judge Lawrence F. Winthrop and Chief Judge Diane M. Johnsen
joined.
C A T T A N I, Judge:
1
This is a special action review of an Industrial Commission of
Arizona (ICA) award and decision upon review by an administrative law
judge (ALJ) finding that Zorica Savin did not sustain a loss of earning
capacity resulting from an industrial injury to her right shoulder. For
reasons that follow, we affirm the award.
FACTS AND PROCEDURAL BACKGROUND
2
Savin, who worked as an in-home caregiver for senior citizens
and special needs patients, was injured at work in July 2012 when a
patients family member pushed her into a wall, resulting in a tear in the
rotator cuff of Savins right shoulder. At the time, Savin worked for three
different employers totaling over 80 hours each week. The carrier accepted
her claim for benefits.
3
Savin underwent surgery in November 2012 to repair the tear,
and by March 2013, the treating surgeon determined Savin had achieved
maximal medical improvement with a 4% permanent impairment and no
functional restrictions or limitations. On that basis, the ICA closed Savins
claim with no loss of earning capacity. Savin challenged that determination
and requested a hearing.
4
In May 2013, Savin was examined by Dr. Steve Fanto, a boardcertified physician in physical medicine, rehabilitation, and pain medicine.
Dr. Fanto noted that Savin suffered residual pain after the surgery and that
she had decreased strength and range of motion in her right shoulder.
Given these physical restrictions stemming from the industrial injury, Dr.
Fanto opined that, although Savin could perform 40 hours per week (or
more) of light duty or sedentary work, she would be limited to lifting a
maximum of 20 pounds (10 pounds with frequency) and no overhead
lifting. These restrictions would be incompatible with Savins pre-injury
employment, which required lifting 50 pounds or more.
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